The trial court did not abuse its discretion in finding plaintiff “substantially” prevailed in his APRA suit by obtaining a wrongfully withheld public record, even though he received only a portion of all requested records. A plaintiff who has substantially prevailed can recover attorney’s fees for time spent on unsuccessful claims if it is indivisible from the time spent on the successful claim.
Hoagland Family Ltd. Partnership v. Town of Clear Lake, No. 25S-PL-66, __ N.E.3d __ (Ind., March 18, 2025).
Trial court’s dismissal under TR 12(B)(8) should have been a dismissal without prejudice. A dismissal with prejudice is conclusive of the rights of the parties and is res judicata as to any questions that might have been litigated.
Turner v. State, No. 24S-CR-147, __ N.E.3d __ (Ind., March 12, 2025).
Defendant is not deprived of the benefit of hindsight when it reveals their conduct was necessary in self-defense, even though that necessity wasn’t fully apparent in the moment
Konkle v. State, No. 24S-CR-207, __ N.E.3d __ (Ind., March 12, 2025).
The eggshell doctrine can be used in criminal cases, including murder. The eggshell skull doctrine is one of causation, and causation is a required element in proving a criminal conviction, it only makes sense that the doctrine be applied for such purposes.
JQR v. State, No. 24S-JV-298, __ N.E.3d __ (Ind., March 12, 2025).
Trial court abused its discretion by admitting a juvenile’s statements into evidence without a valid waiver of right. An adverse interest may arise if the evidence shows an adult waives the juvenile’s rights but stands to personally benefit from the waiver to the child’s detriment.